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Non Discretionary Investment Advisory Agreement
"I need a Non-Discretionary Investment Advisory Agreement for our Hong Kong-based investment firm to provide advisory services to a multinational corporate client with subsidiaries in Asia, including specific provisions for cross-border advisory services and group company arrangements, to be effective from March 2025."
1. Parties: Identification of the investment advisor and the client, including licensing and registration details of the advisor
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope of Services: Detailed description of the non-discretionary investment advisory services to be provided
5. Client Representations and Warranties: Client's confirmations regarding their status, capacity, and understanding of investment risks
6. Advisor Representations and Warranties: Advisor's confirmations regarding licensing, capacity, and regulatory compliance
7. Investment Advisory Process: Process for providing investment advice and client's role in making investment decisions
8. Fees and Expenses: Structure and calculation of advisory fees, payment terms, and other applicable expenses
9. Compliance with Laws: Obligations regarding regulatory compliance, including SFC requirements and AML regulations
10. Confidentiality and Data Privacy: Obligations regarding confidential information and personal data protection
11. Risk Disclosures: Mandatory risk warnings and disclosures required by regulations
12. Limitation of Liability: Extent and limitations of advisor's liability
13. Term and Termination: Duration of agreement and circumstances for termination
14. Notices: Process and requirements for formal communications between parties
15. General Provisions: Standard contractual provisions including governing law, assignment, and amendments
1. Group Company Arrangements: Additional provisions when the client is part of a corporate group or when the advisor provides services to related entities
2. Specialized Investment Strategies: Specific provisions for particular investment strategies or asset classes
3. Research Services: Details of any additional research services provided to the client
4. Transaction Reporting: Specific reporting requirements beyond standard performance reporting
5. Sub-Advisory Arrangements: Provisions for cases where sub-advisors may be appointed
6. Cross-Border Services: Additional provisions for clients receiving services across multiple jurisdictions
7. Soft Dollar Arrangements: Provisions regarding soft dollar benefits and commission sharing
8. Electronic Services: Terms for any electronic platform or digital service delivery
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and calculation methods
2. Schedule 2 - Investment Guidelines: Specific investment guidelines, restrictions, and preferences of the client
3. Schedule 3 - Authorized Persons: List of persons authorized to give instructions on behalf of the client
4. Schedule 4 - Reporting Requirements: Details of reports to be provided, including format and frequency
5. Appendix A - Risk Disclosure Statement: Detailed risk disclosures required by Hong Kong regulations
6. Appendix B - Privacy Policy: Detailed privacy policy and personal data handling procedures
7. Appendix C - Compliance Requirements: Specific regulatory and compliance requirements applicable to the service
8. Appendix D - Service Level Agreement: Detailed service standards and response times
Authors
Affiliate
Agreement
Applicable Laws
Assets Under Advisement
Authorized Person
Business Day
Client
Client Account
Confidential Information
Effective Date
Fee Schedule
Force Majeure Event
Investment Advisory Fee
Investment Guidelines
Investment Objectives
Investment Recommendations
Investment Strategy
Licensed Corporation
Material Adverse Effect
Non-Discretionary Mandate
Notice
Personal Data
Professional Investor
Regulatory Authority
Related Party
Relevant Laws
Risk Profile
Securities
Securities and Futures Commission
Securities and Futures Ordinance
Services
SFC
Suitability Assessment
Term
Transaction
Valuation Date
Working Hours
Scope of Services
Non-Discretionary Authority
Investment Process
Regulatory Compliance
Client Representations
Advisor Representations
Fees and Expenses
Payment Terms
Risk Disclosure
Investment Guidelines
Client Instructions
Reporting
Confidentiality
Data Protection
Conflicts of Interest
Anti-Money Laundering
Record Keeping
Intellectual Property
Force Majeure
Limitation of Liability
Indemnification
Term
Termination
Assignment
Amendment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Third Party Rights
Force Majeure
Electronic Communications
Authority
Survival
Financial Services
Investment Management
Wealth Management
Banking
Insurance
Asset Management
Private Equity
Family Office Services
Professional Services
Corporate Advisory
Legal
Compliance
Investment Advisory
Client Relations
Operations
Risk Management
Portfolio Management
Wealth Management
Investment Strategy
Client Services
Investment Advisor
Compliance Officer
Legal Counsel
Portfolio Manager
Relationship Manager
Chief Investment Officer
Risk Manager
Investment Consultant
Wealth Manager
Client Services Director
Operations Manager
Chief Executive Officer
Chief Compliance Officer
Financial Advisor
Investment Strategist
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